NCJ Number
57633
Date Published
1979
Length
151 pages
Annotation
AN EMPIRICAL STUDY OF THE PRACTICALITY OF INCAPACITATION AS THE PRIMARY OBJECTIVE OF THE CRIMINAL JUSTICE SYSTEM IS REPORTED.
Abstract
DRAWING ON THE CRIMINAL HISTORIES OF 342 ADULTS ARRESTED FOR VIOLENT CRIMES IN FRANKLIN COUNTY, OHIO, IN 1973, THE STUDY EXPLORES THE PREVENTIVE EFFECTS OF VARIOUS INCAPACITATIVE SENTENCING POLICIES BY CALCULATING HOW MANY OF THE 1973 CRIMES WOULD HAVE BEEN AVOIDED HAD THE POLICIES BEEN IN FORCE AT THE 1973 ARRESTEES' LAST PREVIOUS CONVICTIONS FOR FELONIES. THE MOST SEVERE POLICY--A MANDATORY 5-YEAR PRISON TERM FOR ANY FELONY CONVICTION--WOULD HAVE PREVENTED 210 CRIMES FOR WHICH ARRESTS WERE MADE IN 1973. THESE 210 CRIMES CONSTITUTE 7.3 PERCENT OF THE 2,892 VIOLENT CRIMES REPORTED IN 1973 AND 3.6 PERCENT OF THE VIOLENT CRIMES FOR WHICH CONVICTIONS WERE OBTAINED. IF IT IS ASSUMED THAT RECIDIVISTS COMMIT THE SAME PROPORTION OF CLEARED AND UNCLEARED CRIMES, THE 5-YEAR/ALL FELONIES POLICY MIGHT HAVE PREVENTED 26.7 PERCENT OF ALL REPORTED CRIMES OF VIOLENCE IN 1973. THE OTHER, LESS SEVERE SENTENCING POLICIES WOULD HAVE RESULTED IN CONSIDERABLY LESS CRIME REDUCTION. IF THE 5-YEAR/ALL FELONIES POLICY WERE IN FORCE IN FRANKLIN COUNTY, THE NUMBER OF PRISON COMMITMENTS WOULD INCREASE 500 TO 600 PERCENT. IF APPLIED THROUGHOUT THE STATE, THE POLICY WOULD INCREASE THE PRISON POPULATION FROM 13,000 TO AT LEAST 65,000 IN 5 YEARS. THE LESS RESTRICTIVE POLICY OF SENTENCING ALL VIOLENT OFFENDERS TO 5-YEAR PRISON TERMS WOULD REDUCE A 90-PERCENT POSITIVE RATE; I.E., ONLY 10 PERCENT OF THOSE INCARCERATED WOULD HAVE COMMITTED ANOTHER VIOLENT CRIME HAD THEY NOT BEEN INCARCERATED. THESE AND OTHER FINDINGS ON THE ECONOMIC, SOCIAL, AND HUMAN COSTS OF INCAPACITATIVE SENTENCING POLICIES LEAD TO THE CONCLUSION THAT ACHIEVING MODEST REDUCTIONS IN THE CRIME RATE BY ASSIGNING OFFENDERS TO STATISTICAL CLASSES RATHER THAN JUDGING THEM INDIVIDUALLY IS NOT AN ACCEPTABLE STRATEGY. A BIBLIOGRAPHY, AN INDEX, AND SUPPORTING DATA ARE INCLUDED. (LKM)